WTO TECHNICAL BARRIERS TO TRADE AGREEMENT

Transcription

1 WTO TECHNICAL BARRIERS TO TRADE AGREEMENT Six principles for international standards development OECD, A Partnership for Effective International Rule Making, 25 May 2017 Mr. Aik Hoe LIM Director of Trade and Environment Division What do these questions have in common with each other? How much lead should be allowed in paint used in children s toys? Can de-frosted poultry be labelled as fresh? Should governments mandate warning signs on unhealthy food? Questions adapted from Wijkström and McDaniels (2013) erik.wijkstrom@wto.org 1

2 Relate to a public policy objective (eg. health, environment) Typically enforced through product requirements (set out in a technical regulation, standard) and conformity assessment procedures (testing, certification) Impact on trade Scope of WTO Technical Barriers to Trade Agreement Technical Regulations Lay down product characteristics or their related processes and production methods. Compliance is mandatory. May deal with terminology, symbols, packaging, marking and labelling requirements. Standards Are approved by a recognized body which is responsible for establishing rules, guidelines or characteristics for products or related processes and production methods. Compliance is not mandatory. May also deal with terminology, symbols, packaging, marking and labelling requirements. Conformity Assessment Procedures Used to determine that relevant requirements in technical regulations or standards are fulfilled. They include procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity; and registration, accreditation and approval. erik.wijkstrom@wto.org 2

3 The policy objective is not in question but how should it be achieved, what is the relevant benchmark/measure to be used, why is it necessary? From the perspective of the WTO Technical Barriers to Trade Agreement, the key principles are. Non-discrimination Avoidance of unnecessary barriers to trade Use of international standards Transparency 3

4 International Standards Members shall use relevant international standards technical regulations (Art. 2.4) (mandatory) conformity assessment procedures (Art. 5.4) as a basis for Presumption of not creating an unnecessary barrier to trade when requirements are in accordance with relevant international standards (Art. 2.5) when ineffective or inappropriate for policy objectives (e.g. fundamental climatic or geographical factors, or technological problems) EXCEPT! But what is a relevant international standard.. Strong obligation to use relevant international standards as basis for regulation BUT balanced by Ample policy space to Members on relevance, level and appropriateness No definition of international standard in TBT Agreement, emphasis on procedures used to develop such standards erik.wijkstrom@wto.org 4

5 TBT Committee Decision on Principles for the Development of International Standards, Guides and Recommendations (November 2000, G/TBT/9) The Six Principles transparency openness impartiality and consensus relevance and effectiveness coherence development dimension. helps (regulators) determine which international standards may be relevant for the purposes of the TBT agreement (i.e technical regulations, CAP, standards). Transparency Across all stages of the standard setting process from proposal to adoption, including open access to information or documents needed to participate in technical committees Promotes opportunity to comment early in the development stage so that they can be taken into account Publication of adopted standard and work programme 5

6 Openness Open on a non-discriminatory basis to participation by relevant bodies of at least all WTO Members at policy development level and at every stage of standards development Stages include: proposal, technical discussions, comments, reviewing existing standards, voting and adoption, and dissemination Impartiality and Consensus No favour to the interests, privilege of a particular supplies/s, country/ies or region/s Consensus based procedures to take into account views of all parties concerned and to reconcile any conflicting arguments Impartiality with respect inter alia to access, submission of comments, views, decision making, obtaining information, dissemination, fees, right to transpose, revision. erik.wijkstrom@wto.org 6

7 Effectiveness and Relevance Aimed at facilitating trade and prevent unnecessary barriers to trade Relevant and respond to regulatory and market needs as well as scientific and technological developments in various countries Performance based rather than design based or descriptive characteristics Certain requirements on international standardizing bodies to observe, such as on reviewing obsolete standards and communication with WTO Coherence Coherence amongst international standardizing bodies, avoid conflicting international standards, duplication, overlap Encourages cooperation and coordination with other relevant international bodies 7

8 Development Dimension Recognizes constraints on developing countries to effectively participate in standards development Find tangible ways to facilitate developing countries participation, such as, use of technical assistance and capacity building Aimed at ensuring that developing countries not excluded de facto from the process Thank you 8